Tenant Eviction in Germany | AtoZ Serwis Plus Germany (2024)

FAQs

How long does it take to evict a tenant in Germany? ›

However, the time interval between the notice and the eviction can vary a lot, from 3 to 9 months, depending on the length of the rental relationship and on the urgency of the situation.

As a tenant in Germany, you are under the protection of the law. This means you're safe from sudden evictions and the like. Every tenant in Germany is protected by the legal notice of contract termination of at least 3 months. The longer you reside in the apartment, the longer the notice period becomes.

Ending your tenancy in Germany

Your contract can only be terminated on certain grounds, such as: Your landlord demonstrably requires the property for their own use (i.e. they want to sell the house or move in themselves). You repeatedly fail to pay rent on time.

The legal period of notice for a rental contract is three months. As a rule, your cancellation has to be in writing. And if you're moving in together with someone and you're both main tenants in the rental contract, then both of you have to sign the cancellation letter.

You're behind on your rental payments: a German landlord can ask the court for eviction if your rental arrears amount up to 2 months of rent or more. Even if you're making partial payments, if you're behind more than the sum of 2 months rent, the landlord can push for eviction.

Rental laws in Germany also dictate that tenants have a right to privacy and quiet enjoyment of their home. This means that landlords cannot enter your apartment without prior notice or permission, except in emergencies. Additionally, landlords are not allowed to change your apartment without your consent.

Leases have a 3 month notice period (Kündigungsfrist). If you want to end your lease, you must tell your landlord 3 months in advance. Some leases have a shorter notice period, but the maximum notice period is 3 month. You must cancel before the 3rd work day of the month.

Rent control has been in force in many of Germany's largest cities, including Hamburg, Berlin, Stuttgart and Munich, for many years. This stipulates that “cold” rents (excluding utilities) cannot be more than 10 percent higher than the local comparative rent.

The landlord must return your Kaution in a reasonable time. There is no legal limit, but 6 months is normal. It should not take more than 6 months without a good reason. The landlord usually keeps your Kaution until they know how much utilities (Nebenkosten) you used.

The termination of a rental apartment is only valid in written form. As a rule, a statutory notice period of three months applies to tenants. However, a shorter period may be agreed upon in the lease. To meet the deadline, the landlord must receive the notice of termination by the third working day of a month.

Can I rent an apartment in Germany as a foreigner? ›

You'll need the following required documents for renting in Germany as a foreigner: Your ID or passport. A Mietschuldenfreiheitsbescheinigung—a document to prove you don't owe previous landlords money. Your potential landlord might not ask for this but it's best to have it if possible.

In general, according to the German Act on Foreign Nationals it has to be guaranteed that the family has sufficient financial means to support itself, that adequate accommodation is available (at least 13 square meters per person), and that all family members are sufficiently covered by a health insurance.

Is subletting legal in Germany? Yes, subletting is legal in Germany. That means you could always get yourself a roommate and save yourself some money by splitting the rent at the same time! However, to sublet your apartment, you need to first obtain a permit from your landlord or property manager.

If not stated otherwise in your employment contract, you can generally terminate your employment after the end of the probationary period with only four weeks' notice to the fifteenth or end of a month - regardless of how long you have been employed there.

Don't press too much. German landlords very often are feeling offended when pressed hard or impolitely with regards to the rent, and just reject to take you as tenant. If you work with an agent, it might help to let him do the negotiations. A good rule of thumb is: Get the issue off the table as fast as possible.

Cold rent means that you pay basic rent for the residence and there are no extra costs included in your monthly payment. Warm rent means that your monthly payment includes the basic rent for the residence and additional costs – called Umlagen or Nebenkosten.

Can I negotiate the rent with the landlord? The German property rental market can be competitive, and there are often more prospective tenants than there are apartments. So, although German law strongly favors tenants, landlords tend to have the upper hand when choosing which tenants can move in.

Calling a locksmith in Berlin

If you are locked out of your apartment, you must call a locksmith (Schlüsseldienst). It should cost 50€ to 150€ to open a door, depending on the the time. Locksmiths charge more at night and during the weekend. When you call a locksmith, ask for the price on the telephone.

In Germany, the courts have ruled that landlords are not allowed to impose a blanket ban on pets of all kinds. This means if you want to share your home with an animal, you should be able to do so.

Bathrooms, WCs (literally, water closets), kitchens and halls aren't included in the number of rooms. Furnished apartments are rare, and will cost a great deal more than an unfurnished place.

What is the maximum notice period in Germany? ›

Statutory vs.

2 years employed: 1-month notice period taking effect at the end of a month. 5 years employed: 2-month notice period taking effect at the end of a month. 8 years employed: 3-month notice period taking effect at the end of a month. 10 years employed: 4-month notice period taking effect at the end of a ...

Any agreements on a shorter period than the statutory minimum are not valid. Most employment contracts give employees a three-month notice period.

According to Section §§ 540 and 553 of the German Civil Code, a tenant may sublease their apartment or room, but they must first obtain consent from their landlord or property manager. You can sublet your room or apartment for as long as you like, provided the landlord has given their permission.

Private landlords own the vast majority of rental housing

More than half of landlords are non-professional owners—i.e., individuals, trusts, or homeowners' associations (Figure 2). Public entities or privately owned housing companies own less than one-quarter of rental dwellings.

If you buy a house in Germany, you as the homeowner are liable to pay property taxes on it. If you rent as a tenant, your landlord may pass the property tax onto you via your utility bills. The tax is an important source of income for municipalities in Germany, bringing in around 15 billion euros each year.

The need for housing after WW2 in Germany

This meant that rents remained cheap for a long time, and so most people were happy to stay in rented accommodation. This government-built, high-quality supply of social housing laid the foundations for Germany's preference for renting over buying.

In Germany, the Kaution, also known as the Mietkaution, is a security deposit that renters must pay to their landlords upon signing a rental agreement. It is normally equal to three months' rent and is meant to safeguard the landlord in the event that the renter causes property damage or fails to pay the rent.

With the rent deposit guarantee, you ensure liquidity and financial freedom instead of paying the landlord a deposit of up to three months' cold rent. If the landlord makes a claim, he will receive the requested money on first demand from the insurance underwriting agency.

All you need are your passport and money for the initial deposit. You may also be asked to show proof of a German address. If you bring cash, your account is opened immediately. If you are transferring funds from your home bank, it may take some time for the amount to be credited to your account.

It is normal in Germany for the tenant to be responsible for these. Cosmetic repairs include: Painting – the ceiling and the walls. Painting the floors (if applicable)

What is landlord confirmation in Germany? ›

The proof of residence certificate (Wohnungsgeberbestätigung or Wohnungsgeberbescheinigung) is a form, filled out and signed by your landlord, confirming that you have moved into a new place of residence. By law, anyone wishing to get registered at the local citizens' office (Bürgeramt) needs one.

Dear (Landlord name), My name is (Your name), and I'm writing to you to express my interest in the home at (address or property name). I would love to live in this place because (reasons you want to rent the property). I currently am a tenant at (current address) but am ready to move because (reason for moving).

A residence visa is required if you intend to stay in Germany for more than 90 days for work or study or if you intend to move to Germany permanently.

Registering your address in Germany is mandatory.

By law, everyone staying longer than three months in Germany must register their address (anmelden) within 14 days of moving into a new apartment. Not registering your address within 14 days can result in a fine of up to €1,000.

Unlike in other countries, such as Denmark and Switzerland, there are no restrictions to foreigners to purchase real estate in Germany. Currently, many foreign purchasers acquire properties in large German cities such as Berlin, Frankfurt and Munich.

What is the average cost of rent in Germany? Average rent costs in Germany range from €300 to €800 per calendar month for a room in shared accommodation and from €500 to €1,346 for a one-bedroom flat. The overall average rental price is €750 for a one-bedroom apartment.

The average cost of living in Germany in 2023

As a basic estimate, you can expect your total costs to be between €1200 – €3000 per month as an individual living in Germany. At the cheaper end of this range, you would likely be living in a flatshare outside of the city centre.

According to their provisions, tenant eviction in Germany is allowed in case the tenant has breached the clauses of the tenancy contract. The law stipulates as well, that other significant reasons can work as grounds for giving a termination notice to a tenant.

Can I get an apartment without a job? There's no legal reason why you can't get a flat without a job. However, landlords will certainly want to check that you're able to pay the rent for the duration of the lease. As such, if you don't have a job yet, you might need to offer additional proof in order to rent.

Can I resign immediately in Germany? ›

The cancellation period is usually specified in your employment contract. If no specific regulation is mentioned, the statutory cancellation period for you -as an employee- is four weeks to the 15th of a month or four weeks to the end of the month. You need to quit your job in writing.

For a resignation to be legally valid, it must be in writing and signed. An oral notice or an e-mail is not sufficient. Of course, your employer may accept other forms of termination than a hand-signed one – but to be on the safe side, you should not rely on them.

Termination of the employment relationship

The statutory notice period for employees is four weeks prior to either the 15th or the last day of the next month. The statutory notice period for employers depends on how long the employee to be terminated has been working for the company.

Extraordinary Termination under German Law. Employers can only bring about an extraordinary termination if they have an important reason. Legally speaking, this refers to the employer not being reasonably able to continue the employment relationship until the end of the usual notice period.

The basic dismissal notice period is four weeks counting back from the 15th or the last day of a calendar month. This notice period increases depending upon the seniority of the employee. The employment agreement can provide for longer notice periods.

Leases have a 3 month notice period (Kündigungsfrist). If you want to end your lease, you must tell your landlord 3 months in advance. Some leases have a shorter notice period, but the maximum notice period is 3 month. You must cancel before the 3rd work day of the month.

Rent increases are not permitted more than once per year and they must be set out in the contract. If there are no clauses in the rental agreement about increases, the landlord can only increase the rent under specific circ*mstances: The rent is lower than the current market average for the type of property.

The cancellation period is usually specified in your employment contract. If no specific regulation is mentioned, the statutory cancellation period for you -as an employee- is four weeks to the 15th of a month or four weeks to the end of the month. You need to quit your job in writing.

It is normal in Germany for the tenant to be responsible for these. Cosmetic repairs include: Painting – the ceiling and the walls. Painting the floors (if applicable)

First of all, it depends on whether your contract is limited or unlimited. Unlimited contracts are usually easier to cancel as you always have the right to terminate the contract within a certain period of notice (usually this ranges between 2-6 weeks).

When should a deposit be paid? ›

As a deposit is usually a significant amount of money it is important that tenants are aware of when to pay their tenancy deposit. You should not pay your deposit before you have read and understood the terms of the tenancy agreement and it has been signed. Your landlord should not ask you to do so before.

In 2023, the maximum most landlords can raise a tenant's rent without the approval of the Landlord and Tenant Board is 2.5% (rent control).

Germany has the highest proportion of renters in the European Union, with some 50.9% of people living in rental properties, while 49.1% of people live in their own homes, according to Eurostat data.

The average rent in Germany is about 1,300 EUR (1,400 USD), taking into account all types of rental properties, whether it's a furnished or unfurnished flat or house.